Calcutta High Court
Ingit Tibrewal vs Khushi Tibrewal on 18 April, 2023
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
ORDER SHEET
OD-15
IA No. GA/4/2023
In
TS/14/2022
IN THE HIGH COURT AT CALCUTTA
TESTAMENTARY AND INTESTATE JURISDICTION
IN THE GOODS OF:
SURES TIBREWAL, DECEASED
AND
INGIT TIBREWAL
VERSUS
KHUSHI TIBREWAL
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date:18th April, 2023.
Appearance:
Mr. Nirmalya Dasgupta, Adv.
Mr. Dibanath Dey, Adv.
Ms. Pallavi Pain, Adv.
For the plaintiff.
Ms. Anjana Banerjee, Adv.
For the applicant.
The Court :- This is an application by the defendant in a testamentary suit for appointment of an administrator pendente lite. The main thrust of the applicant is that the executor in the affidavit of assets filed in this proceeding did not disclose a bank locker maintained with Punjab National Bank (in short PNB) at Block-GD-250 Sector-III, Salt Lake City, which, according to the defendant/applicant contains large number of jewellery belonging to the testator. The application is opposed by the plaintiff on the ground that no grounds have been made out for removal of the executor and the locker concerned was a joint locker of the testator along with his wife and can be operated by either or survivor.
The locker may be joint, but the jewelleries and/or assets of the deceased testator to be lying in that locker cannot be ruled out at this stage. 2 The wording of the Will also makes it clear that all movables and immovables belonging to the testator not bequeathed by the Will in question or by any other Will or Codicil shall vest on the executor for the purpose of administration and with a further direction to sell the same, if necessary and to distribute the sale proceeds equally amongst the widow and two sons of the testator. The said locker if not shown to have been the subject matter of bequeath under any other Will or Codicil has to form part of this Will or have been bequeathed to the executor with the direction as aforesaid. The plaintiff has not been able to show that the locker is subject matter of bequeath under any other Will or Codicil.
In the aforesaid facts and circumstances, at this stage, the Court is of the view that the said locker should be opened and inventorised to find out whether any jewellery and/or article and/or asset belonging to the testator are at all lying in the said locker. I also, prima facie, do not find sufficient materials to form opinion at this stage for removal of the executor and appointment of an administrator pendente lite.
The matter is adjourned to enable the learned advocate representing the plaintiff to take instruction as to whether the plaintiff is agreeable to the inventory of the locker in the presence of the defendant, bank officials and the widow of the deceased. The plaintiff should also express the view if any of the widow of the deceased with regard to opening and inventorising the article that may be lying in the locker since she is the locker holder and apprise the Court on the next date about the same. There shall, however, be a direction preventing the operation of the locker between today (13:15) and till the next date when the matter is made returnable or until further orders so that there is no allegation 3 or counter allegation of removal of articles from the locker during the interregnum.
The parties shall communicate this order to the concerned Branch Manager.
Let this matter appear in the list on 20th April, 2023.
(ARINDAM MUKHERJEE, J.) snn.